6 Del. Admin. Code § 102-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 102-7.0 - Complaints

7.1 Any person, including employees in the Consumer Protection Unit, may file a complaint against a provider in writing on a form provided by the Consumer Protection Unit.

7.2 The Director may refer a completed and signed complaint to the Special Investigation Unit for investigation.

7.2.1 If, after review and/or investigation, there is insufficient evidence to support a finding the provider is in violation of the Debt Management Services Act or the lawful rules promulgated under the Act, the Director mayon his or her own accorddismiss the complaint.

7.2.2 If, after review and/or investigation, there is sufficient evidence to support a finding the provider is in violation of the Debt Management Services Act or the lawful rules promulgated under the Act, the Director may

7.2.2.1 enter a preliminary order directed to a licensee to cease and desist from any violation, to correct a violation including providing restitution, and/or to pay a civil penalty as provided in 6 Del.C. § 2433A;

7.2.2.2 enter a preliminary order suspending or revoking the license of licensee as provided in6 Del.C. § 2434A;

7.2.2.3 without entering a preliminary order, assign the matter to a Deputy Attorney General for preparation and prosecution of a formal complaint before a hearing officer;

7.2.2.4 impose civil penalties and/or recover costs of enforcement; or

7.2.2.5 proceed in any other manner permitted under the Act.

7.2.3 A provider hastwenty (20)days from receipt of a preliminary order in which to request a hearing before a hearing officer.

7.2.3.1 If no hearing is requested, the preliminary order becomes final.

7.2.3.2 If a hearing is requested, the matter will be assigned to a Deputy Attorney General as provided in 7.2.2.3.

7.2.4 When a hearing is requested following issuance of a preliminary order by the Director, enforcement is stayed pending a final determination by a hearing officer except in the case of an order issued with reference to 6 Del.C. § 2433A (g)(2) or 2434A(c).

7.2.5 Any requested hearing will proceed as provided under the Administrative Procedures Act.

6 Del. Admin. Code § 102-7.0

14 DE Reg. 318 (10/01/10)